D.O.F:06/10/2021
D.O.O:05/04/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.173/2021
Dated this, the 05th day of April 2022
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M: MEMBER
SMT.BEENA.K.G : MEMBER
T. Chandran, 53/21
R/at Latha Vihar
Mannipady, Kasaragod,
Post R.D. Nagar, Kasaragod -671341. : Complainant
And
Ravichandra.R
S/o Kamalakhi,
R/at Bhaghavathi Nilayam,
Bhagavathi Nagar
Shiribagily Post, : Opposite Party
Kasaragod 671124
ORDER
SMT.BEENA.K.G: MEMBER
The case of the complainant Sri. T. Chandran is that he approached Opposite Party, his good friend and one of the good contractors in their locality for renovation of his house. The Opposite Party visited the site and agreed for renovation work of complainants house. The Opposite Party assured that he will charge only the rate prevailing in the society. The Opposite Party asked money before finishing the work and complainant had given Rs. 37500/-. After finishing the work Opposite Party issued a slip mentioning the total work he had done and the balance amount that the complainant has to pay to Opposite Party. As per the slip Opposite Party had done total 575.65 Square feet work and the amount charged is Rs. 75/ Sq Ft. The total amount comes to Rs. 43,170/- out of which complaint had paid Rs. 37500/- and the balance amount to be paid is Rs.5670/-. The complainant’s case is that the rate calculated by the Opposite Party is high and his prayer is to refund, the excess amount collected from him. The rate prevailing in the society is Rs. 40/- per Sq. feet. Excess amount to be refunded with compensation of Rs. 20,000/-.
Notice to Opposite Party served. But not turned up. Name of Opposite Party called absent set exparte. Complainant filed proof affidavit and documents produced are marked as Ext A1 to A5. Ext A1 is the slip issued by Opposite Party, Ext A2 is labour bill for consulting, Ext A3 is lawyer notice, Ext A4 is postal receipt, Ext A5 is acknowledgement card.
The issues raised for consideration are :-
1. Whether there is deficiency in service on the part of Opposite Party?
2. Whether complainant is entitled for relief?
3. If so what is the relief?
The complainant entrusted the renovation work of his house to Opposite Party, who is a good friend of the complainant. .The opposite Party visited the site and agreed the work for the rate prevailing in the society,. At that time Rs. 40 per sqft was prevailing in the society. The complainant had a doubt regarding measurement given by Opposite Party and approached a consulting engineer and on measurement the total area of work done by opposite party comes 556 Sqft as per Ext A2 document., and the amount collected by opposite party is high. According to the Opposite Party ,the total area of work done is 575.6 sq ft. as per ExtA1 document. The complainant had caused to sent a registered lawyer notice. Ext A3 which is ignored by the Opposite Party. Due to the deficiency in service and unfair trade practice on the part of opposite party the complainant suffered untold miseries and loss. The materials produced before the commission proves that there is misrepresentation on the part of Opposite Party. In the absence of contra evidence we are of the view that there is deficiency of service on the part of Opposite party which caused loss and mental agony to the complainant. The loss and agony suffered by the complainant due to the illegal act of Opposite Party must be compensated in terms of money. Opposite Party is liable to compensate the loss and mental strain undergone by the complainant.
The prayer of the complainant is to refund the excess amount with a compensation of Rs 20,000/ with cost. But the compensation claimed is too high. Considering the facts and circumstances of this case we are of the view that an amount of Rs 5000/- is a reasonable compensation in this case.
Therefore the complaint is allowed directing Opposite Party to refund Rs. 5000/ with a compensation of Rs. 5000/- along with a cost of Rs. 3000/-.
The time for compliance is thirty days from the receipt of the copy of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Slip issued by Opposite Party
A2- Labour bill for consulting
A3- Lawyer notice
A4- Postal receipt
A5- Postal acknowledgment card
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
